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RPT 3 COMP. CONT ORD 07-05-88
~AIE: June 28, 1988 RE PORTS NO. 3 7-5-88 'Inter-Corn FROM: $ USJ ECT: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL/~* CITY ATTORNEY CAMPAIGN CONTRIBUTION ORDINANCE: SUPPLEMENTARY MEMORANDUM ,J Supplementing our in~er-com dated June 15, 1988, please be advised that the League's model ordinance referred to in the June issue of Western City is in the process of being substantially revised due to the passage of Propositions 68 and 73 (copies of which are.enclosed herewith) in the election of two weeks ago. As soon as we receive the model ordinance we will provide copies to the Council. .We enclose herewith copies of the ordinances of the following cities: Irvine Newport Beach- Fountain Valley Cypress Huntington Beach San Juan Capistrano JAMES G. ROURKE City Attorney JGR:-se :D: 06/13/88 (810) cc: WH Legislative Campaigns. Spending and Contribution Limits. Partial Public Funding. Initiative Statute - · · · Official Title and Summary, Prepared by the Attorney General LEGISlaTIVE CAMPAIGNS. SPENDING AND CONTRIBUTION LIMITS. PARTIAL PUBLIC FUNDING. INITIA- ' TIVE STATUTE. Limits political contributions to state legislative candidates per election to $1,000 from each person, ~ fi.om each orgamzation, and ~.000 from each "small contributor" political committee, as deft_ned. Establishes campaign Reform Fund to which individuals may designate up to $3 annually from income taxes. Provides legislative ~ ~madidates who receive specified threshold contributions fi.om other sources, and meet additional requirements, may ~eive with limitation matching campaign funds fi.om Campaign Reform Fund. Establishes campaign expenditure Iimit~ for candidates accepting fimds fi.om Campaign Reform Fund. Provides civil and criminal penalties for violatiom. Sma~rnary of Legislative Analyst's estimate of net state and local government Ftscal impact: ,Mmual revenue loss from ta~ return designation to Campaign Reform Fund is estimated at $9 million starting in 1988-89. Annual state a~mnistrative costs will be about $1.9 million. Any surplus -~tate campaign fimc~ which exceed $1 million a~ter the i~vember general election will go back to the state's General Fund. If the amount of matching funds claimed by candidates is more than the amount available in the Campaign Reform Fund, the payment of matching Bunds ks made o~ a prorated basis. Analysis by the Legislative Analyst r.~ekground Federal law limits the amount o£ money that an individual may give as a political campaign contribution m a candidate for federal elective o~ee and to the candidate's campaign committee. Calfforma law gener- "v does not impose any similar limits on political .maign contributions. Both federal law and the state's 'r oli~ical Beform Act of 1974, however, require candidates £or public ot~ee to report contributions they receive and money they and their campaign committees spend. Federal iaw permits individuals to designate $1 of thei~ fecieral income tax pa.vrnent~ to 'be made available tc candidates for President o£ the United States for use m · their political campaigns. Colifornia law does not contain any s~milar provision for direct state funding of cam- paigns for state elective of-rice. Calit:orma law, however, does allow a state taxpayer to claim an income tax cred/.(. ot: up to d0 for political contributions. Proposal In summa~., this measure: , Establishes bruits on campaign contributions that be made to all candidates for the State Assembly and the State Senate; and . Provides state matching funds to these candidates if they a~ee to comply with limits on spendin[ their legislative campaigns. Limits on Campaign Contributions The measure establishes separate limits for differen'~ t~-pes of contributors, and imposes other restrictions o~npaign contributions. · Individual Persons. C0[atributions from a person tc zandidate, or to the candidate's campaign committee, are limited to $1.000 per election. There also are limita. tions on contributions to political parties, and to commit- tees not controlled bv the candidate. Also, no individua! mav contribute more than $25.000. in total, to all legisi~. rive candidates and their campaign committees over a two-year period. g. Organizations. Contributions from an orgamzation to a. candidate, or the eanc[idate's campaign committee, are limited to $g.500 per election. Other limitations include a $200,000 limit on the amount that an orgamza- tion can give, in total, to all legislative candidates and their campaign committees over a two-year period. 3. Small Contributor Political Action Committees. Contributions from these committees to a candidate, or his or her campaign committee, are limited to ~5,000 per election. There also are other limitations ineiuding a $200,000 limit on the amount that each such committee can give, in total, to all legislative candidates and their · campaign committees over a t~o-year per/od. 4. Other Restrictions. . Contributions may be made tc any candidate for legislative office oni~ in those years that the candi- date's n~me appears on the t)aliot. ' · A eandicare for the Assembly cannot accept more than $50,000 in iota2, per election, from ali orgamza- tions or small contributor poliricai action committees. The similar limit for a candidate for the Senate is $75.000. · Political parries and legislative caucus committees cannot contribute more than $50,000 to an Assembly candiciate for a general election. Also, these groups cannot make contributions for primal5.' or .certain special elections. The similar limit for a candidate for the Senate is $75.000. · No wansfers of funds are pe.wmtted between individ- ual candidates or bet-ween their campaign com- mittees. · Legislators and legislative candidates are prohibited i:ro~ acceptan_~ more than $2.000 in gifts or honoraria from any one source during a two-year period. · An).' person who makes independent expenditures supporting or opposing a legislative candidate is 12 P~ prohibited h'om accepting any contributions in ex- cess of $1,000 fi.om persons or $9,500 h-om orgamza- tions. 5. Other Provisions.~ The contribution limits apply to all candidates, regardless of whether they accept public matching £unds. These limits, however, are not operative until the candidate has raised 835,000. The contribution and expenditure limits, and the public matching fund provisions are adjusted each year to reflect changes in the Consumer Price Index. Partial State Funding for Legislative Candidates 1. Source of Funds. State income taxpayers may vol- · untariiy decide that part of their income tax payments (up to $3 for single tax returns, and up to $6 for joint returns) can be used to finance state campaign matching pa,vments. g. Use of These Funds. Each candidate for the State 3asembly may elect to receive up to ~/5,000 in state .' matching funds for a primary election, and up to "for general, and other (special) elections. Each candidate for the State Senate may elect to receive up to $195,000 for a primary, election, and up to $175,000 for general, and other (special) eieetions. 3. Eligibility, to Receive Funds. In order to receive state funds, a candidate must comply with campaign spending limits, collect a minimum level of private eonmbutions, and be opposed by a candidate who has oualified for state matching funds, or who has more than ~35,000 available to finance a campaign. Further, the can'didate may contribute no more than eS0,000 per eieetion from personal funds to the campaign. 4. State Matching Fund Ratios. Cash contributions totaling $~0 or less from a re_mztered voter in the candidate's district are matched by the state on a five-to- one basis. Other contributions tota~g $g50 or less are. matched on a three-to-one basis. No matching funds are available £or contributions received from the-candidate or the candidate's mediate £amily. 5. Campaign Spending Limitations. This measure places campaign spending Limits on .candidates who accept state matching funds. Assembly limits are $150,000 for each candidate in a primary election and $295,000 £or a general election. Senate 1/mits are $250,000 for each candidate in a primary, election and $350,000 for a general election. The spending limits do not apply, however, if an' opposing cahclidate who does not accept matching funds receives contributions or spends more than these amount. A~tministmtion and Enforcement The State Fair Political Practices Commission has the primary responSibility for administering and' enforcing this measure. The Franchise Tax Board and the State Controller also are involved in administering this Fiscal Effect Revenues. Allowing taxpayers to designate part of their income tax payments for campaign matching funds and certain administrative costs will reduce State General Fund revenues. The amount of the reduction is unknown, but ff taxpayer participation is similar to that. for the Presidential Election Fund, the annual revenue loss will be about $9 million, starting in 1988-89. Administrative Costs. State administrative costs will be about $1.9 million a veer. Most of this cost (up to rvXllion) will be in6urred by the Fair Political Practices Commission and will be financed out of the designated income tax funds. The other adrmmstrative costs of up to $0.7 million are for the Franckise Tax Board and the State · Controller. Surplus State Campaign Funds. The voluntary in- come tax designation prog'ram will start with taxes on 1988 incomes (returns due in Aorfl 1989). The payment of state eampai_ma matching fi.rods will presumably start during the lff--~ eiectiom. The amount of £unds that the cax~didates will claim during these elections is unkmown, because'some of the candidates may not quali£.v for nmtchmg funds and others ma.,., decline to participate m the program. However, any surplus state campaign funds which exceed $1 million Mter the November general election will go back to the state's General Fund. I£ the amount of matching £unds claimed by candidates is more than the amount avaiiable in, the Campaign Reform Fund, the payment of matching funds is made on a prorated basis. " Text of Proposed Law This initiative measure is submitted to the people in accordance with the orovisions of Artieie II. Section 8 of the Constitution. This initiative measure amends and adds sections to the Government Code. and reDe,als and adds sections to the Revenue and Taxation Code; therefore, e~istmg provisions proposed to be deleted are pnnted in str~'.;cc~:t ~ and new provisions proposed to be added are pnnted in italic t~tP~ to indicate that they are new. PROPOSED LAW SECTION 1. Chapter ~ is added to Title 9 of the Government Code aa follows: CIt,~P"fF. tl 5. TIlE CAMPAIGN SPENDING LIMITS ACT OF I9t,q~ Article I. Findintls and Purposes 85100.. Title This cha~ter shall be known as the C. amt~ai~zn St~endintt Limits Act of ~.gsa ,g~lOl. Findtmts and Declarations The peot~ie (ind and declare each t~' the ]bllowin&': ia.I Monet~rtj contrtbut~ons to poiit~cai ca~npatgm' are a legt'ttma~ form of ijarticitnation in the American ~olitical process, but the financial strength of certain mdiviauais or org_anizattons should not ~rmit them to exercise a dis?~rowortionate or controlling influence on ~he election of lettistattoe canditiates. (b! U_.am~ai~n st~ending for California. legi?atioe camvattzns escaiatintz to dfingerou, ieoets. The averat~e lettislattoe race cost neartF four hundred ffftu thousand dollars ($450.000~ tn 1984. Million doliar electoral conte~ts- for seats which pau thirrF-three thousand .,even hunared thirrT-ttt~ dollars ($33. ,"32) a 'uear are tncreaanngi{l common. (c~ The rat~tdi~t increasing costs of lfoiittcai camt~at~tns have {orced man7 legislative candidates-to rats~ tar£er and larger' ~rcent~ges of moneF (rom statewide interest ~zrou~s with a $~ci£ic finanC~ai stake matte¢$ before the Lettisiature~- This has Caused [he pubttc ~..rcevtton tha: ie£istators' [~gte. r~are Oe, ng_ tm~roveriF tnfiuenced by rnonetara, contriOutions. This percelgtio~ is unaerrnm:nlt the credtbiiit.u and inte~r~tu of the Legislature and the gooern~nental process. id) Th~ averntte ie£:stative candiaate now raises over .90% of his or her carnl~atan contributions {r°m sou rces outside his or net ott~n Tht.~' has caused ttte growmiz public ~erce~tton that legislators are less interested tn the t~robiem.y o.t' their own constituents t~an the problems tjj' u~eaithter xtatetctde contr~initor~. Continuea on pa~e P88 -I68 Le slative Campaigns. Spending and Contribution Limits. Partial'Public Funding. Initiative Statute Argumentin Favor of Proposition 68 VOTE FOIl HONE,STY AND INTEGRrrY.. IN GOVERN- MENT~. VOTE TO LIMIT CAMPAIGN SPENDINGI VOTE "YES" ON PROPOSITION 68, THE REAL CAM- PAIGN REFORM INrrlATIVEI . . It's time to stop the co .r~uptigg i~. uen,ce o,£ m?ne, y m Sacramento. Caml~aign Sl~ending has sl~v~..,r, etea, ?,ur of, CrOna~ trol. Some politicians now st)enO over a-rmmon aouars rot oi:l:ice pa,ving $37,105. - Where do the politicians get that kina ot moneyr ~'rom. a. of int t .....~tnke m' ldaislative~ d~ci~ion~./. These groups contribute, over, o£ all campaign money. Less than 10% o£ candidates money comes from residents of their district. CALIFORNIA'S TAXPAYERS CAN NO LONGER AFFORD A GOVERNMENT CONTRO~ BY SPECIAL INTER- ESTS. When the lobbyists pay the campaign bills, we pay the price: . The state lose~ billions of dollars a year in tax loo~aole~ for special interests. · Consumers va~/hundreds of millions more each gear under laws that favor major contributors. · The environment and the ~ublic's health and safet7 are reveatedly sacri~ced to the special interests. MONEY IS CORRUPTING THE DEMOCRATIC PROCESS! Citizens feel powerless and alienated. The million-dollar cam- paigr~, mudslinffing ads, laws based on money, not men't~IT'S GOT TO STOP-NOW! - THE SOLUTION: PROPOSITION 68 WILL~ · Limit camz~aign s!~nding in legislative races. California currently has no laws to stop wasteful spending/nd end ' elected officials' dependence on special interest money. , Limit the s~ze of cam~ig~ contritmtions. Money c~cs. .. Current law puts no limit on how much big contributors Cai1 give. , Prohibit non-~iection-.uear fundraising. Lemslators should sp,end their time making laws, not money,. Almost all off-year money is given to incumbents by ioobtnng grouVs int~ested i~ 'l~ding legislation: Office. hotae, rs .ou .t&pen,t their challengers by almost 50:1 m _tia_el_as_t_ ei_.ec..ti_on,...a~.a~ NOT A SINGLE INCUMBENT DEFEATED! ~ Allow taxvagers, without increasing their taxes, to volun- tariiV earmark ~ to fund campaign ,reform. For once; you get to tell the politicians how to spencl your money, ana you can have it replace special interest contributions. SEaND A MESSAGE TO SACRAMENTO: IT'S TIME TO · SERVE THE PUBLIC, NOT THE SPECIAL INTERESTS. Proposition 68 is sponsored by a broad coalition of civic and citizen.s' groups--business, labor, law enforcement, consumers, environmentalists. Proposition 68's proposal for reform has been · endorsed by virtually ever~/, leading newspaper in Ca~iorma. A part/al list o£ supporters includes:. Walter Gerken, Pacific Mutual Sierra Club Calilom Council o£ Churches Laborers' International Umon,-AFL-CIO Will/am Honig, Superintendent o£ Public Instruction. Mexican American Legal De£ense & ,Educational Fund "' Reverend H. H. Brookins Nell Harlan, Chairman, McKesson Corporation Planning & Conservation League Joseph D. McNamara, San Jose Chief of Police American Association of University Women Urban League, Sacramento Common Cause. Congress of Caiiforma Seniors Consumers Union Donald Kennedy, President, Stanford University, California Newspaper Publishers Southern Christian Leadership Conference, L.A. Peter Scott, CEO, DiGiorgio Coroorarion Califorma Conference of Machin/sts Hollywood ·Women's Political Committee Edmund "Pat" Brown, Former Governor and · Attorney General National Council of Jewish Women VOTE "YES" ON PROPOSITION 68, THE CAMPAIGN RE- 'FORM INITIATIVE SPONSORED BY THE CiTiZENS OF _ CALIFORNIA. CAROL FEDERIGHI President, Leaeue of Women Voters of California RAOUL TEILHET Administrative D~rector, California Federation of Teacherso DANIEL LOWENSTEIN Professor, UCLA School of Law Former Chairmam California Fair Political Practices Commission Rebuttal to the Argument in Favor of Proposition 68 Who can argue against the proponents' attack on skyrocket- lng campaign spending? Or their outrage over the influence of special interest money? Whiie we share their outrage, WE DO NOT BELIEVE TAXPAYER-FINANCED CAMPAIGN SPENDING IS THE SO- LUTION. Proposition 68 is a badly flawed, loophole-ridden docurnent. How can we believe Proposition 68 will "end the dependence of elected officials, on special interest money" as its backers clan'n, when its actual provisions allow politicians to use special ~interest eonlfl'ibutions to qualify./or matching taxpayer dollars? How can we believe that Proposition 68 will limit campaign ending, when its actual provisions say its "spending Emits" can be legally broken by any candidate who chooses to do so? The truth {s that Proposition 66 proposes to "limit" campmgn spending ~o TWICE what was spent in Senate campaigns in 1986 anc~ THREE TIMES what was spent in Assemb}y races. And Propositaon 68 will .allow the politicians to vote them- selves UNLIMITED increases in taxpayer-financed campaign spending WITHOUT A VOTE OF THE PEOPLE. Proposition 68 will allow special interest candidates, single issue groups, and extremist orgamzations to expioit its provi- sions to use our tax dollars/or their causes. Let's not make things worse by creating a taxpayer-supported welfare system for the politicians and special interests. Keep the oolitieians out of your pocketbook. VOTE N(3 ON PROPOSITiON 68. JOHN KEPLINGER Former Executive D~reetor California Fair Political Practices Con, mi, sion ALICE HUFFMAN President. Committee to Protect the Political Rights of Minoraties LEWIS K. UHLER presitient. .Vational Tax Limitation Committee !4 Arffuments printed on this page are the o.mnions of the authors and have not been checked for accuracy by any' official agency P88 Legislative Campaigns. Sper Partial Argument A~. TAXPAYERS BEWARE Proposition 68 is a wolf in sheep's clothing. Its backers say there's too much special interest money' influencing our l~egislature. And who can disagree? What is their solution? They want to use !lout tax dollars tc help the politicians pay for their campai_masl Will th/s reduce the influence of special interests? ABSC- LUTELY NO~ - Wealthy interests who_can produce large numbers o£ individ.. mai 111250 contributions, for example, will be more influenti,~. than ever. (V4hen was the last time you.-or ..any other ordinar7 citizen--made just one $250 campaign contribution?) Under Proposition 68, every. $250 check a candidate ge,ts a doctor, insurance executive, or banker will be matcnea $750 to $1,250 in tax revenues. How much will all this cost? It could be as much as $50,000,000 o~: $60,000,000 or even more. And every tax dollar Proposition 63 gives a politician is a dollar the state won't be able to spend on our schoot~, law enforcement, health care and other vital services. ,. Contribution Limits. ..:::Sing. Initiative Statute ~:;roposition 68 I. But this is just the beginning. Should Proposition 68 pass, it · ~vill give legislators a blank cheek to vote themseloes big increases in tax dollars for their campaigns WITttOUTA VOTE OF THE PEOPLE. Worse vet, Proposition 68 will encourage irresponsible ex- a'emist g~oups to nm candidates for legislative office,--not to win election, but to become eligible for tax dollars to finance ~eir cause. Proposition 68 makes candidates backed by such groups eligible for millions of [tour tax dollars, NO MA'IWER HOW REPUGNANT THEIR VIEWS OR HOW ,nEW VOTES THEY GET AT THE POId.~. The supporters of Proposition 68 are well intentioned, but misguide~ Their "reforms" will only .make a bad system even Please, VOTE NO ON PROPOSITION 68! JOHN KEPLINGER Former Executive Director Cal(fornia Fair Political Practices Commission Rebuttal to Argument Agains~ Proposition 68 Did you know that you alread~/ va,/ hundreds of dollars eoertj year W finance ?oolitic, al Cam?aaigr~ right now) The special interests who give millions of dollars to pay fc~r -~olitieal campaigns pass that cost on to you, the consumer. In idition, the special breaks they get for their money cost you .,tmdl'ed~ of rlaillions more. According to newspaper accounts, the tax loophoiei the politicians give the special interests cost you billions more every" year. ?roIaosition 68 does not raise taxes one ?aenny! Our schools, our law enforcement agencies, our health care services are not getting their fair share in Sacramento because they cannot compete with the special interests for the money politicians are handing out. TEACHERS, SENIORS, CONSUMERS, CMC AND BUSI- NESS CROUPS ALL SUPPORT PROPOSITION 68 BECAUSE THEY ARE LOSING THE BATTLE IN SACRAMENT© RIGHT NOW. It's th, ne the voters told the politicians where they want their tax dollars spent/Proposition 68 lets you volunrarilu, earmark $3 ~ a fund that replaces soecial interest funding of campaigns. Free o£ their dependeneg upon soecial interests, le~siators can stop cutting money from schools' and other services to pay for £avors to the special interests. The fund' envisioned by Proposition 68 represents about · 1/500th of ! % of the budget. That works out to about ",22° cents vet person---a good investment. By the way, Proposition 68 was drafted to ensure that only candidates with broad public sur)vort would qualify for funding. Do not be tricked by me wild ~{aims of our oIaladnents! GEOFFREY GOWAN Chair, Common Cause of California JOHN K. VAN DE KAMP Atto, ney General, State of California BILL HONIG Sul~c~rintenaent of Public Instruction, State of California i5 Arguments printed on this page are the opinic:',: of the auU".e:'~, and have not been checked for accuracy bv any official agency 73 CampaL- Funding. C .... '-'-'bufion ;. nits. of Public Funding. IL' ':,::2ve Statute Prohibition Official Title and Summer 'rep&red by the Attorney General CAMP,MGN FL~'NDING. CONTRIBLWION LLMITS. ' 2OHLBITION OF PUBLIC FUNDLNG. INITL%.TIVE STAT- LITE. l~imits annual political contributions to/~ carteL5:..:~ for public office to $1,000 from each person, $2,500 from each political eomm/ttee, and ~,000 from a political party ~ .' 5 each "broad based pohtical committee," as defined. Permits stricter local limits. Limits gixcts and honoraria to elec~.:~ officials to $1,000 from each. single source per year. Prohibits transfer o£ funds between candidates or their contr.' '_'.ed committees. Prohibits sending newsletters or other mass mailings, as defined, at public expense. Prohibits ?.".:.,lit officials using and candidates accepting public funds for purpose o£ seeking elective office. Smnmary o£ Legi~?::.:~ve ,analyst's estimate o£ net state and local government fiscal impac~ Measure would result in net savings to state amd [ccai governments. State administrative costs would be about $I.1 million a year when measure is fully operational. ~.:/he~.s costs would be more than completely offset by savings of about $1.8 million annually resulting from ban on pul '.:.::.y fianded newsletters and mass ma/lings. Local governments would have unknown annual savings primarily from :.....s ban on publicly funded newsletters and mass mailings. ~"~ Legislative Analyst .Analysis by ~.,~ · '-Background ; Federal law limits the amotmt of money that individual may give as a political campaign eontribu~2:m to a candidate for federal elective office or to candidate's campaign committee. CaILforma law gen~z- ally does not impose any similar Lira/ts on politie.~! campaign contributions. Both federal law and the state": Politiea/Reform Act of 1974, however, require eandids;:.$: fog public office to report eonu'ibutions they receive money they and their campaign committees spend. Califorma law does not generally permit any money to be spent for campaign activities. A £ew lc::.'. government agencies, however, have authorized · payment of public matching funds to candidst~: cerr~,ir~ local elected offices. Proposal In mary, tlm measure: · Establishes lirmts on campaign contributions candidates for state and local elective offices; · Prohibits the use of public funds for these camps27z: expenditures; and · Prohibits stare and local elected officials from spend- ing public funds on newsletters and mass mailings. Limits on Campaign Contributions Tne measure, establishes separate [traits for differen'~ types o£ contributors. 1. Persons. Contributions from an), person to a candi- date, or to the candidate's earnpaign commit'tee, are limited to $1,000 per fiscal year. Contributions to political committee or political party, are limited to $2,565 per fiscal year. The measure defines "person" to include an individu~, business Fzrm, association, or labor orgam- zation. o,. Political Committees. Contributions from any committee to a candidate or the candidate's campaign committee are limited to $g,500 per fiscal year. 3. Political Parties and Broad-Based Political Commit- tees. Contributions from any political party, or broad- based political committee tO a candidate or the' candi- date's campaign committee are limited to $5.000 per year. A broad-based political committee is defined as one which receives contributions from more than 100 persons ~:nd makes contributions to five or more candidates. 4. Other liestrictions. ,, No transr%rs of funds are perm/tted between individ-. ual candidates or between the/r campaign eom- mittees, .~ State and local elected officials are prohibited from accepting more than $1,000 m gifts or honoraria from any one source during a calendar year. 5. Other Provisions. ~ This measure does not affect any existing limitation on eampai_ma contributions enacted by a local gov- ernment that imposes lower eonmbutton limits, in addition, any local goverrmaent may enact its lower lmaJtations. ~ The personal contribution limits only apply to finan- cial or other support provided to a political corotint- tee or broad-based political committee ff the suppo~ is used for making cont/'ibutions directly to a candi- date. The contribution limits do not apply ff the contributions are used by the committee £or other pu/'poses, such as admimstrative costs. ~ The time periods over which the contribution limits apply are modLqed ir, the ease of special elections and special runoff.eiections. Public Funding Prohibition No candidate may accept any public funds for the purpose of seeking elective office. Newsletters and Mass Mailings Public funds earmot be used by stare and local elected officials to pay for newsletters or mass mailings. Administration and En£oreement The State Fair Pohtical Practices Commission has the pnmar3' responsibihty for administering and enforcing ti-ds measure. 30. Fiscal Effect The measure ~ould result in net Savings to the s':a~e and local governments. State admimstrative costs will be ~bout $1.1 rnill~on a year, when the measure is h.dly- operational, and would be financed from the state's General Fund. Most of this cost would be incurred by the Fair Political Practices Commission. These costs would be ~set by annua, javings of about $1.8 million resulting ~om the prohibition on the e .xpenditure otc public funds for newsletters and mass mailings. Local government agencies also would experience ,.mknown annual savings. These savings would result ?rimarily fi'om the prohibition on public expenditures for newsletters and mass mailings. - Text o£ Proposed Law This initiative measure is submitted to the oeople in aecorc~anee wit~ the orovisions of Article II, Section 8 of the Constitution. · This initiative measure amends and adds sections to the Government Code; there/ore, emSting sections proposed to be deieted are pnnted ia ~ ~ and new provisions, proposed to be added are pnnted in italic ~ to incLicate that they are new.. PROPOSF, D LAW SECTION I. Clhapter 5 (commencing with Section 851(1)) is added to Title 9 of the Government Gode, to reaci: ~~ $. Z4strta~otes o~ C. om'nmtnTO~VS. Article 1. A~iica~n'lit~ and Definitio~ i. '.85100. This cha~ter shall be known and cited as the "Camvai~,,n Contribution Limzt~ Without Taxpayer Financing A m~ndmentz to the Political Be;tbrm Act' 85101. (a) Nothing in this cha~at~r shall affect the oalidind of. a camz~aign ctmtributio~ limitation in effect on the operative tgate of ~navt~r which was ~mcted b~ a local goo~-nmental ag_gnc~ and im~aos~- lou~r contribution limitations. Ih) Nothing in this chavt~r shall-trrohibit a local governmental. ag_enc~ from im.m~s~ng lower cam~aa~qn, contribution limitatior~ for candidates for elective office in it~ ~urtsa~.ction. , , 85102. The follounng tev-m~ as used in tnis chalat~r nave the foliounng meanings: (a) "]fiscal uear" rneans ]ulu_ I through June 30. (b) "Person;' means an indimduaL laro~anetorshi~, firrr~ hi,a, joint t~nture` s~dndicate, bu~n~s trust, com~aan~, ~tion, as~-~at~o~ committee, and labor orgamzation. (c) "Political committee" mear~v a committee of 7aersons who recei~ cont~'butions f~om two or more laersons and acing in concert, rnake~ contribution~ to candidate. (d ) "Broad based laoliticai committee" m~ar~ a committee of persont whWh ha~ been in existence for more tha~ tjx month~, rec~vez contributior~.,)crO, m one hundre~ or more r~ersons, and acting_ in concert .mak~ contrioution~ to ~qve or more canditiat~s. (~) "Public mon~js " has the same meamng as defined in 5emion 426 of the P~,nat C,o~.. 8~103. The ~romsions of Section 8101o- shall am~i~ to the ame~- ment of thiv cna~ter. 85104. The m'ootsions of this chavter shall become amrrative or. january i, 1989. . · 85200. Prior to the solicitation or receipt of am/co~.tributicrn or l .oa~.; an individual who interuis to be a candidate for an etecrive ofjqce snalt . file u~th the commav~on a statement ~g. _ned under ~rnalt~ of pergury of intention to be a candidate for a gg~'i~w office.. 850-01. {a) Ut~on the 9ql~ng of the statement of intention l~urs~am to Section 85200, the indiviauai shall ~stabiish one camva~gn contribu- tion account at an or, ce of a financial insntution-iocatea_' !n t~e state) (b ) Upon the establishment of an accoun~ tne name of tne financia, institution, the y~c~fic location, and the account number shall be filed with the commtSanon within 0-4 hours. (c) AH contributions or loans made to the candidate, to a ~erson or, behalf of the candidate, or to the candidate's controlled committee shat[ be d~s~ted in the account. (d) Any l~ersonal fund, v which will be utili'~t to t~romote th~ eie~on of. the candidate shall be deposited in the account prior tv expenditure. fei All tam,reign expenditures shall be made from the account. 85,o~. (hi A candiaate mau. oni~ acceT~t contributions from, ~,... ~ons. ~oiiticat commi~ees, broad based ~otitu~al committee~ aha 'ai parries and oni¥ in the amounts sT~eci£iea tn Article 3/commencina dth Section ~300). A candidate shall hot acce~t contrib~;tions fro~ anu other .cource. ?bi All contributions deposited into the camvaign accovm: shall be deemed to be held in in, st for ex~ns~v ac~soc~a.tea ~nth .t~,.c ~,iectton of t~e candidate to the s~e~fic office for which the candiaaze nat statec, puryuant to Section 8~200 that he or she intends to see/: o~' ezvensec associated with holding that offw~ Article 3. Contribution Limitations 85300. No ~aublic officer shall expend and no.candida~ shall at~_~at ,any ~ublic moneys for the ~,u..r~se Of seeic(ng eie, cri~.~ office. 85301. (a) No person shad make, aha no canaidate .for elective - ofjqc~ or camvaign ~rer, shall solicit or acc~t an.g contribution or [dan which would cause the total amount conrribure~ or ioaned by that t~rson to that candidate` inciudir~g c~ntWbutitrns or loans to a~l ~'ommitt~e~ ctmtroiled b~. the candidate, to ~ tr~ thousand dollars ($1,000) in anv f'~w, ol Vear. (b) The ~om o~ this s~on shMl not am~i~ to a ca~did~te'~ .7ontribution of his or ~er p~rsonai furu~ to his or her oum camtm~gn contribution accoun~ 8530'2. No laerson shall make and no politicai comm~tte~ broad based political committee` or political laarrq snail soiicit or acce~C any contribution or loan from a laerson which would cause the total amount :onrributed or loaned by. ti, mt rm'rson to the same political committee, ~ based political committee, or peiitical laartg, to exceed two :housand five hundred dotiars fSZSO0) in any fiscal 7ear to make · ,'onrributions to candictates for elective office. ' 85303. ia) No noiitW, ai ~omm~etee sha~l make, aha no candidate or :amlmian treasurer simlt solicit or ac, c~t. an~t contribution or loan ~hu:h ~ould cause the torai amount contributed or ioaned b~ that committee to that candiaate for elective office or anu. commit'tee controlled ~ that candiaare 'to exceed two 'thousand five hundred doliars ($P,500) in. an~ /'~cai year. (b) No broad based ~aoliticai committ~ or political ~art~. shall make ~nd no candidate or camnagqn treasurer, shall solicit or accev~ any ,-onrr:bution or ioan which would cause the total amount contributed or loaned b~ treat committee or political parry ro that candiaate or anu :ornmittee controlled ~ tna~ candidate to exceed Jive rhousana doliar~ ($5,000) in any ff~cat year. lc) Nothinq tn th~s Charter shall limit a .verson's atn'lieq to ?~rovide tinancial or other ~ula~on to one or more political committees or broad 'based taolitical committees vro~ded the su?aTaort is used for z~urvoses othe4 than making conrriimnons directly to candiaate~ for eiec~ve office. 85304. No candidate,for ei~a'tive off~ce or comma'tee controlied ~ that"candidate or canamates £or etec~ve offw, e simll trana~c~ anu contribution ro anu omer candidate for elective office. Tra~'r'ers ~; funds Oetw~en candidat~ or rnerr controiied committees are vrohibited. 85305. fa) This Section shall only al~?ai.~ to candiaates who seek eiec~ve office dunng a tpecml eiecaon or a toeciai runoff election. (b) As used in thi~ Sectmn, the follounng terms ha~e [he following (1) '~S~ecial Mection cvcie" means the dau. on which the office becomes vacant, until the hay of. tne aTaec:al election. (£; "Smmml runoff election c~cle" means the da.u after the special election until the dau of tt:e sz~'mi runo<~ elect:on. (c; Norwithstand~n¢ Section ,g5301 or ~ the following contribu- tion limitations shall a?avO/ dunng sraeenal erection c:jcies and roec~at runoT.'f eiection c~cies. (1~ No verson shall make. and no candidate for elective office., o~. camvaign treasurer, shalt solicit or acc~t any contribution or roan which would cause the totai amount contributed or ioaned by. that laerson to that candidate, inctuatng contriOutions or ioar~r to all commttteas controlled 07. the candiaare, to exceexi one thousand dollars ($1,000] aunng ang specmi eiecnon cycle or specmi runoff eiecnon cw. cie. (2J No laolitical committee shall make, and no. candidate or cam- paten treasurer shall solicit or acceTat, anu, contribution or loan which would cause the rotai amount contrioutea or loaned by tiaat committee to that candidate for elective o£/ice or ano committee controlled bu tnat candidate to exceed two tnoush'nd .five n6ndrea doliars ($2.500j dunng anu. sTaecial eiecnon c~cie or .fret:al runoff eiectwn cucte. (3) No broad based ~aotit~cal commtttee or poiittcai v~rry shall make and no candidate or camva~n treasurer shall soiic:t or accevt, anu. contrn'bution or ioan Which would cause the total amount contriouted or loaned by that committee or ~olittcai parr7 to ti;at candidate or anu Continued on ?~age 63 I Campaign Funding. Contribution Lim s. Prohibition 73 o, Public Funding. Initiative Statute I II Argument in Favor of Proposition 73 Pro~vition 73 will reform the wa,/political camvaigns are financed in California WTITtOUT GIVING YOUR TAX MONEY TO POLITICIANS/ Proposition 73 is the ONLY CAMPAIGN FINANCE PRO- POSAL THAT APPLIES TO ALL CALIFORNIA ELECTED OFFICES including State Senate, State Assembly, .statewide constitutional offices and local' offices. Clearly, too much money .is being spent on political cam- paigns today. Candidates and officeholders can be unduly influenced by special interest groups that donate large mounts of money. Currently in .California there is NO LIMrT on the amount that any one DONOR can CONTRIBUTE to a CANDIDATE for office. Contributions of $10,000, $20,000 or $30,000 are routine. $100,000 contributions are becoming commonplace. Proposition 73 will place a reasonable contribution limit on how · much any one donor can give to a candidate. :. If Proposition 73 is enacted: Individual contribution~ to a camvaign would be limited to $1.000 ~er year. Conrributior~ from businesses and labor union~ would be limited to $2500 ~ !tear. Contributions from ix~itical action commit~tees would be limited to $5,000 ?~er !lear. Proposition 75 would also: ' ?Iacea limit on the amount of. moneF a candidate could take as a, honorarium for ~h thin~,v as ~iving a s~eech. Prohibit "tram-lets"--the vrac, tice of~oli~cal ~wer bro- kers collecting and transferring huge amounts of mone~j to their anointed candidates. · MOffT IMPORTANT OF ALL. PROPOSITION 73 ACCOM- PLLSH~ THIS NEEDED REFORM OF CAMPAIGN i'I- NANCING WITHOUT GMNG YOUR HARD-EARNF_~ TAX MONET TO POI.2TICIANS. In fact, it.florist PROHIBITS candidates' use of any tax monetj in order to camvaign for of~we. Too much money is spent on votitieal campaigns today! IT CEI:tTAINLY MAKES NO SENSE TO OPEN THE BIGGEST MONEY SOURCE OF ALL, THE TAXPAYEIIS' PURSV-~ AND WALLETS. Keeping government sDendm¢ under control is hard enough. Imagine how much harrier it ~ be t.o keep p0~cians, from st>ending more tax money on me most umportant tmng m their Ifves---getting eieeted and reelected. TAXPAYER FINANCING OF POLITI~ CAMPAIGNS MAKES NO SENSEt · STATE SENATE AND ASSEMBLY RACES ALONE COULD COST TAX?A YERS $70 MILLION EVER Y TWO YEARS. THIS IS MONEY THAT COUT.,D OTHERWISE PAY FOB POLICE PROTECTION, FIRE PROTECTION OR SCHOOLS. ~ Your tax money would be given to candidates you disa~ee with. In fact. it would, allow EXTREMIST CANDIDATES SUCH AS COMMUNISTS OR MEMBERS OF THE ~U KLUX KLAN TO HA YE THEIR CAMPAIGNS PAID FOR WITH YOUR TAX Do rLLARS. Fortunatel~t, you have an alternative to taxI~m, ter finan~ing of political camvai~ns. PROPOSITION 73 IS THAT ALTERNATIVE. Every effort to reform the way political campaigns are ftnanced without taxpayer money 'has been defeated in the State Lemslature. In fact, a bill identical to Proposition 73 was defeated-by the Lemslature at its first committee hearing! .YOU KNOW. TI'iR POLITICIANS WONT. CHANGE A SYS- TEM WHICH IS RUN FO£ THEI£ BENEFIT BY ENACTING THESE VITALLY NEEDED REFORMS. YOU MUST DO THE JOB OR IT WONT GET DONE A T ALZ~,q We must control the overwhelming power that special interests have over our legislative process. It's time for eam- paiwn contribution reform. VOTE YES ON PROPOSITION 73! JOEL FOX President, California Tax ~eduetion Motmvnent DAN' ~ANFO~ Fo~ C~i~m Fair Politi~l P~cti~ ~mm~io~ 1~ DON'T BE FOOLED~ PROPOSITION 73 WAS WRITTEN BY THREE INCUM- BENT POLITICIANS. ITS MAIN SUPPORTERS ARE SOME OF THE LARGEST SPECIAL IN~rEREST LOBBYISTS IN CALIFORNIA. The proponents o£ Proposition 73 admit that too much money is being spent on political campaigns. But Pro?~osition 73 doe~ nothing to limit caml~aign spending/In fact, Proposition 73 would actually prohibit the citizens of C, alifoma from imposing limits on campaign spending. The proponents of Proposition 73 admit that candidates and officehoiders are unduly influenced by large contribuuons from special interest lobbyists. But Proix~ition ~ does nothme~ w reduce the influence of the $?~ecial interests/ Under Proposition 73's so-called "limits." a single special interest group could give incumbent tegisiators as much. as $600,000 per year, or $1.2 million per election cycle. That's eve~ more tha~ ttae state's lareest lobOuing grouv$ contribute now. JUST IMAGINE HOW ~UCH INFLUENCE- $1.2 MILLION CAN The proponents of Proposition 73 say that they want to limit campaign spending without any public financing. That sounds Rebuttal to Argument in Favor of Proposition 73 rdce. What they don't tell you is that the U.S. Suvreme Court hat ruled that we can't limit campaign tpending without ~roviding some form of ~ublic funding. ,amd we can't have effective cam~aima reform without limiting spending. PROPOSITION 68 LIMITS ChaMPAIGN SPENDING. PROPOSITION' 73 DOES NOT. PROPOSITION 68 ACHIEVES RFEAL CAMPAIGN RE- FORM. PROPOSITION 73 DOES NOT. PROPOSITION 68 IS THE CITIZENS' IDEA FOR RE- FORM. PROPOSITION 73 IS THE POLITICIANS' AND SPECIAL INTEREST LOBBYISTS' IDEA OF "REFORM." DON'T BE FOOLED! VOTE "NO" ON PROPOSITION 73! CAROL FEDERIGHI Pre, ident~ League of Women Voters of California LUCY BLAKE Executive Director, California League of C. onaerva~io~ JOHN K. VAN DE KAMP Attorney General. State of California 34 Arguments printed on this page are tlae opinions of the authors and have not been checked for accuracy by any official agency DON'T BE FOOLED!l! Proposition 73 is the politicians' and lobbyists' a't,'.empt to hold onto their power using the disguise o£.campai~'n re£orrm Proposition T3 does nothing to reduce ~Ae imluence o£ big-money con~ibutors. - Prooosition 73 would acmmlly prohibit citizens from limiting campgign mending in Calffonua. VOTE "NO" ON PROPOSITION 73! PROPOSITION ~ IS A FRAUD PROMOT'ED 87 THE POL- ITICIANS AND SPECIAL INTF.,tIEST LOB2YISTS. The. politicians and lobbyists in Sacramento have joined forces in hopes o£ confusing ~e public and preventing you ~om enacting true campaign reform. DON'r BE FOOLED! ~tW~ 73 i~ not r~br~ · · Proposition ~3 was draffted by three ~:;xmbent politicians. Between them. they received over $£' ;'"..'.'.ilion in campaign :, money for their last elections. One o£ th.'.-z:e legislators alone -:' spent well over ~)0.000, and he dia'?.2 ~o~n have an oppoz~nt! DO THESE SOUND LIKE SPONSORS OF REAL CAMPAIGN REFORM? · Proposition 73 was placed on due ballot with over $~0,000 received fi.om incumbent legislators and five o£ the largest soecial interest groups in the state. In t2ue last election, taese We lobbFin~ grou~s a~ntributed o~rr $3 million to legi~- ~ tire c~nd~r~! DO THESE SOUND LIKE SUPPORT- ERS OF RF.A£ CAMPAIGN REFOFuM? WHY DO THESE POLITICOS ANL) LOBBYISTS WANT PROPOSITION 7,3? Because it serves the~ interests and pro- rects them from tr~e campaign re£ormi PROPOSITION ~ WILL DO NOTHINg, TO REDUC~ THE .NFL UENCE OF SPECIAL INTF_~EST LC'£:3 YISTS A ND WILL A CTUAK~ Y PREVENT MEANINGFUL CAMPAIGN FINANCE ttF~rORM. The real problem with today's election system is runau~ camvamn s~nding. By 199~, t~e average ~sem.b!y or~_$.en..ate race will cost $1 milhon. Yet not only does Provosmon, ~ m/l to limit campaign spending, it ~-n~llF ~rohibi't~ ~nF limits in ail future cam~igr~/ NO WONDER THE POLrrI- 731 CIANS AND BIC,-SPENDING LOBBYr~TS SUPPORT PROP- OSITION 73. Without' .spending limits, legislators will continue to spend their time s~g their war chests with money received from soec/al interest groups who want something in return. And the ,"bore money the ?~o[iticians raise, the more we pa.u.--in higher taxes, in laws that. give special breaks to big contributors, and in elected officials who ignore the needs of the average citizen. Proposition 73's contribution limits will not solve the cam- paign finance'problem. Provosition ~'s ~ur~orted "limits" are so,,~'ull of,. oo~l noies that the~j ~tnll .... have v~rtuall!t no imray. A single lot~b.vmg group can still g~ve over $2 million to candidates for the Le~ri.slature at a single election! NO WONDER THE POL1TICIXNS AND BIG-SPENDING LOBBYISTS SUPPORT ?ROPOSITION 73. The civic and business leaders and organizations who have been working for real campaign finance reforrn~a'uch as the League of Women Voters and Common Cagse--d-o not support Proposition 73. Passage o£ Proposition ~ couid prevent Propo- - sition 68.from takin~ ~_fect. DON'T BE FOOI.~ED!.q · - PROPOSITION 73 IS A TRICK DESIGNED TO DEFEAT THE REAL CAMPAIGN REFORM CONTAINED IN PROPO- SITION 68 AND TO PROHIBIT THE CITIZENS FROM EVER 3ONTROLLING CAMPAIGN SPENDING. THE SUPPORTERS OF PROPOSITION 73 ARE THE VERY POLITICIANS AND LOBBYISTS WHO PROFIT FROM THE CURRENT SYSTEM. DON'T BE FOOLED!!! VOTE "NO" ON PROPOSITION 7,3! WALTER ZELMAN Executive Director, California .Common Cause ROY ULRICH Chairman. California Tax tieform Associatio~ TOM lC HOUSTON Former Chai~nan, Caiifornia Fair Political Practices ~ommiss~on Rebuttal to Am~ument Against Proposition 73 WE MUST REFORM THE WAY POLa%TICAL CAMPAIGNS ARE FINANCED1 YOU HAVE A CLEAR CHOICE! Proposition 73 will PROHIBIT politicians and special interests from using ydur tax money to run their campaigns. IN CONTRAST, Proposition 68 GIVES A BLANK CHECK WORTH MILLIONS OF YOUR TAX DOt ?.ARS TO POLITI- CIANS. INCLUDING EXTREMISTS, SUCH AS COMMUNISTS OR MEMBERS OF THE KU KLUX KLAN! The opponents of Proposition 73 understand we are part of a small rninonW in the Legislature fighting for campaign reform. But these special interests are so intent on increasing their political influence by using your tax money that they will tell any lie! The FACT, is that their rival initiative, Proposition 68, was piaeed on the baliot with neariy $500,000 in contributions .from California's largest co.rvorations and other s~ecial intdrests, incifldin~ insurance companies, banks, major developers and · ~ther hu~ge corporations mat contribute hundreds of thousands f dollars to political eampai_mas. These same special interests regularly lobby matters before the Legislature. Under their' plan, Proposition 68, contributions from corpo- rations, labor unions and other special interests would be matched with ~ of your tax money for each $I contributed. WHY ALLOW THESE SPECIAL L~TERESTS TO MULTIPLY THEIR POLITICAL INFLUENCE WITH YOUR TAX MON- E? TAXPAYERS SHOULD NOT BE FORCED TO SHELL OUT UP TO $70 MILLION EVERY TWO YEARS FOR THEIR EXTRA VA CANT Pr. wiN. Join neariv 600.000 of your fellow Californians who placed Prot)osition 73 on the ballot. Support true campaigr, £mance refdrm WITHOUT, RAIDING THE STATE TREASURY. Vote-YES on Proposition 73. QUENTIN L. KOPP State Senator, 8th District lndeT~ruient/$an FranCtSco and San Mateo Counties JOSEPH B. MONTOYA State Senator...°6th District Democratic/Los Angeies County ROSS JOHNSON Member of the Assembly, 64th District tie~ublican/Orange ~ounty Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any otficial agency 35 CODE . CHAPTER 4. CAMPAIGN REFORM* See. LB-40L Purpose. The purpcee or this ehapMr is to imure an environment in the City o~ IrviM wherein candichtm for electiv~ otTice are pim:ed o· au oqtml phne rehtive to tim sm~unt o~ czmpeifn contributions received by them. sod fuflher to insure t~tt tim cont~ibu~d by &ny l~rson clo~s no~ m~eri~y influence the oufx'ome of' ~ny election. To achieve this purpose, this chapter imposes · maximum limitation on the amount of campaign contributions which may be re- ceived from · ,in[l, source for an elect/on ctmpairn. (Ord. N~ 202, J 1,12.13-77) See. I.B-402. Relation to Political R~- form Act of 19'74. This chpter is intended to be · supplement -:to and in no way [in] conflict with the 'olitic~l Reform Act of 1974. Unless ocher- wise defined in this chapter, words end .phrases sb-il have the same met,,,ing here as tlMt given to them by Title 9 or' the Calit'omh Government Code. (Ord. See. I.B-403. Campaign contributions-- Limitations. See. I.B-404. Annual adjustment. · NOTE: SECTION I.B-40'4 OF THE IRVINE CODE WAS AMENDED BY THE VOTERS OF IRVINE AT AN ELECTION HELD ON NOVEMBER 3, 1987. PLEASE REFER TO THE. ATTACHED ORDINANCE (87-1) FOR APPROPRIATE CODE INFORMATION. NOTE: SECTIONS I.B-403 (a) (b), and (c) WERE AMENDED BY THE VOTERS OF IRVINE AT AN ELECTION HELD NOVEMBER 3, 1987. PLEASE REFER TO ATTACHED ORDINANCE 87-1 FOR APPROPRIATE CODE INFORMATION. · . *F, dltor's uote--Ord. No. 202, t t. ~Jop~4 Dec. t:l, Z97';. ,pec~'~tUy ,mended the Code by ~ Ch. 4. St LB-401--~. m ~ M~ ouL 17'2 ! LB.4~ (Ord. No. 202, ] 1, 12-13.77; Otc[. N~ 237, t 3, 3-13-79;, Initiative Ord. N~ 81-1, ] 2, 11-3-81) Editor's noto--Luifistiv~ Ord. No. 81.1 wu ,doptod ~ an sots Nov. 17,1MI..ffoetivu N~v. 2~. 1~l. S~.. I.B-405. Campaign disclosure. In addition to and ss a supplement to the requirements or' Government .Code sect~n 84200 refarding the time for filing campaign statemen~ each candidate for the o~ce city council shall file one oririnal and one copy of the campaign statements in the manner required by the Political Reform Act of 1974 w~th the city clerk on 12.'00 noon the Friday before the Tuesday of the municipal election, detailir~ all contributions received and expenditures made towL*ds his/her election ~hrough and including midn/~ht of the Wednesday immediately pre~ the election. (OFd. No. 202, j 1, 12.1:3.7'/) , See. X.B-406. SeveFabillty. · if any p~)visiofl of' t. his chapter, or the application to any person or circumstances is held invalid, the validity of the remainder o£ the division and the applicability of such provisions to other persons and circumstances shall not be affec*,~ thereby. (Oz~:l. No. 202, S 1, Supp, No. 15 173 [The next l~tge is 271] INITIATIVE ORDINANCE NO. 87-1 AN INITIATIVE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE AMENDING SECTIONS I.B-403(a), (b), AND (e), AND LB-404(a) OF THE IRVINE CODE REGARD- ING THE CAMPAIGN CONTRIBUTION LIMITATIONS THE VOTERS OF THE CITY OF IRVINE ADOPT AN INITIATIVE ORDINANCE AMENDING THE IRVINE CITY CODE AS FOLLOWS: SECTION 1. Section I.B-403 of the L-vine City Code is hereby amended to read as follows: (a) Effective January 1, 1988, no person other than the candidate shall make, and no campai'~m treasurer shall solicit or accept, any contribution which will cause the total amount contributed by such p~.rson in any calendar year in support of or in opposition to a candidate in a City election, to exceed One Hundred Fifty Dollars ($150.00). · (b) For the purposes of this chapter contributions to political groups or committees controlled by a candidate shall be deemed to be a contribution in support of the candidate. (e) -. The word "person" as used in Section I.B-403(a) shall include corporations, non-- profit corporations, associations and partnerships, political action groups, clubs and committees. SECTION 2. Section I.B-404 of the Irvine City Code is .hereby amended to read as follOws: The campaign contribution limitation set forth in Section I.B-403(a) shall be adjusted annually as follows: ' The base for computing the adjustment is Consumer price index -(all items) for the Los Angeles-Long Beach Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics '("index"), which is published for the month nearest December 31, 1987, ("beginning index"). If the index published nearest December 31 of each year ("adjustment index') is greater or less than the .beginning index, the maximum campaign contribution limitation for any election occurring subsequent thereto shall be set by multiplying the maximum campaign contribution set forth in this chapter by a fraction, the numerator of which is the adjustment index and the denominator of which is the beginning index and rounding the resultant figure to the nearest ten dollars ($10.00). If the index ts ehan;ed so that the base year differs from that 'used in the beElnn!ng Index, the index shall be converted in accordance with the eonverslon factor publtshed by the United 8tares Department of Labor, Bureau of Labor Statistics. If the index is disoontlnued or revtsed durtn~ the term, such other ~ovet-nment index or computation wt'~h which It is ~eplaeed shall be used In or"dee to obtatn substantlttly the same results as would be obtained If the index had not been dlseonttnued oF t'evtsed. SECTION 3. The p~vtslons of tl~ initiative ordlnnnee shall become effeetlve January 1, 1988.- ADOPTED by vote of the people of the City of Irvine on November 3, 1987, as certified by the Orange County Board of Supervisors on the 9th day of November, 1987. STATE OF CALtFORSXA ) COUNTY OF ORANGE ) SS CITY OF IRVINE ) I, NANCY C. LACEY~ City Clerk of the City of Irvine, HEREBY DO CERTIFY that the foreg~oin~ Ordinance was adopted by the voters of the City of trvine as an initiative measure at an election held on November 3, 1987, as certified by the Oranl~e County board of Supervisors on the 9th day of November, 1987, and that the Ordinance becomes effective on Januar2 1, 1988. 'C~TY C~:~RK OF T'HE IRVINE 1:25.010--1.25.020 GENERAL PROVISIONS Chapt~ 1.25 MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION 'AND EXPENDITURE CONTROL: Sections: 1.25.010 1.35.030 1.25.030 1.25.040 1.25.050 1.25.060 1.25.062 1.2.5.063 Intent and Purpose. Definitions. Campaign Contributions-Limitations. Campaign Statement. Declaration in Lieu of Campaign S~atement. Late Contribution. Penalties. Severability. 1.25.010 Intent and Purpose. Tile purpose of this Chapter is to prevent corruption, or the appearance of corruption, which results from the real or imagined influence of' large contributions on the concluct or actions of candidates elected to office. :- It is also the intent of the City Council that the limits on contributions to candidates and controlled committees imp6sed by the ordinance codified in this Chapter will .encourage candidates and their supporters to raise funds from a greater number of persons than would otherwise involve themselves in the political process. It is also the intent of the City Council to encounge persons who would otherwise contribute amounts greater than the limits imposed by the ordinance codified in this Chapter to expend such functs on direct political expression, rather than to reduc~ tile total amount of money potentially available to promote such expression. The ordinanc~ codified in this Chapter is enacted pursuant to Sectiods 5 and '7 of Article I I o1' tile Constitution of' ti~e State of California. Article 10 of the City Charter of tile City of Newport Beach. and Section 22808 of the California Elections Code. In adopting t~e ordinance codified in this Chapter. the City Council finds that Municipal Elections are municipal affairs anti that there is no State law which preempts Charter cities From regulating contributions in iota! elections. The City CounciI also ~'inds that t~e ordinanc~ codified in this Cha~ter supplements, and is not inconsistent with. the provisions of the Politico! form Act of 19'74 as amended, ford. 8Z-fl § I (part). 1984: Ord. ~2-6 § 1. 1982: Ord. I790 § 1 (part), 1979: Ord. 1636 § I ~pa~). 19'75: Ord. 1541 § I (part), 1973). Prior ortiinance history: Or~. 1.515. (New1~or~ Be~ct~ 6-841 1.25.020 Definitions. Unless the contrary is stated, or it cteariy ap!years from the context, the dei'initions,set forth in this section shall gove,m the interpretation of' ti~is Chapter. ~__ CAMPAIGN CONTRIBUTION, EXPENDITURE 1.25.020 A. "Candidate" means an individual who is listed on the ballot or who has qualified to have write-in votes on his or her behalf counted by election officials, for nomination for or election to any elective office, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or'make an expenditure with a view to bringing about his or her nomination or election to any elective office, whether or not the specific elective office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at such time. "Can- didate'' also includes any officeholder who is the subject of a recall election. "Candidate" does not include any person within the meaning of Section 301 (b) of the Federal Election Campaign Act of 19'7 I. B. "Committee" means any person or combination of persons who directly or indirectly: 1. Receives contributions totaling Five Hundred Dollars ($500.00) or more in a calendar year: or 2. Makes independent expenditures totaling Five Hundred Dollars (5500.00) or more in a calendar year: or 3. Makes contributions totaling Five Hundred Dollars ($500.00) or more in a calendar year to or at the behest of candidates o'r committees. C. "Contribution" means a payment, a forgiveness of a loan. a loan made without full and adequate security guaranteeing repayment thereof, payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is re- ceived unless it is clear from the surrounding circumstances that it is not made for political purposes. The term "contribution" also includes the purchase of tickets for events such as dinners, luncheons, rallies and similar fur~draising events: the granting of discounts or-rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and news- papers not extended on an equal basis to all candidates for the same office' tile payment of compensation by any person for tt~e personal services or expenses or' any Other person if suci~ services are rendered or expenses in- cur'red on behalf of a candidate or committee without payment or' full and adequate consideration. - The term "contribution" further includes any transfer of anything ol value received by a committee from anott~er committee, unless full and adequate consideration is received. The term "contribution" shall also include expenditures made by' any person in cooperation, consultation or concert with or at the request or su~estion of. a candidate, the candidate's controlled committees or their agents. The term "contribution'' shall also include expenditures made on be- half of a candidate by a committee that has established a course of com- munication with the candidate, the candidate's controlled committee or the 1 4'i (Hewpot~* Be, ach 3-88) 1.25.020 GENERAL PROVISIONS candidate's agents. A course of communication shall be preshmed to exist if the candidate, controlled committee or the candidate's agents and the per- son or committee making the expenditure knowingly and wilfullv do any of the following: - - I. Share polling data or similar information establishing the preferences of, or the issues of importance to a substantial number of potential voters- 2. Share mailing lists containing a significant number of potential voters' 3. Jointly coordinate fundraising efforts, provided, however, the presence of a candidate at a fundraising meeting rally or event sponsored in whole or in part by any person or committee for the purpose of eliciting tile candidate's views on issues shall not be considered as joint coordination of fundraising efforts; 4. Use a substantial number of common vendors that provide services relating to the preparation or dissemination of campaign literature sucil as speechwriters, publicists or professional campaign managers: or 5. Employ a person who is. or persons who are. employed by the other for political purposes during tile course of the then current campaign. The term "contribution" does not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution. However. the fact that such amounts have bee~, received shall be indicated in the appropriate campaign statement. Tile term "contribution" does not include a payment made bv an occu- pant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the'costs for tile meeting or fundraising event are Five Hundred Dollars (5500.00) Or tess. .Notwithstanding the foregoing definition of "contribution," the term does not include volunteer personal services or payments made by any indivi- dual for his or her own travel expenses if such payments are made voiun- tarily without any understanding or agreement it',at they shall be. directly or indirectly, repaid to him or her. ' ' D. "Controlled Committee" means a committee which is controiied directly or indirectly by a candidate or which acts jointly with a candidate or controlled committee-in connection with the making of expenditures. A candidate controls a committee if he. his agent or any other corem :tee he controls has a significant influence' on tile actions or decisions of tr~: com- mittee. E. "Elective Office" means the office of City Council of the City of Newport Beact'~. F. "Late Contribution" means any contribution of $50.00 or more that is made to or received bv a candidate, a controlled committee, or a com- mittee before the date of the election at which a candidate or measure is to be voted on but after the closing date of the last .campaign statement re- quired to be filed before the election. G. "Person" means an individual, propr/e'torship, firm. partnership. (Newport ~,each 3-88) ] CAMPAIGN CONTRIBUTIONi EXPENDITURE 1 · 25.030-1.25.040 joint venture, syndicate, business trust, company, corporation, association. committee, controlled committee, or any other organization or group of persons acting in concert. (Ord. 87-48 § 1 (part), 1988). 1.25.030 Campaign Contributions - Limitations. A. CONTRIBUTIONS BY PERSONS TO CANDIDATES OR CONTROL COMMITTEES. No per- son shall make any contribution to a candidate and/or the candidate's con- trolled committees, with respect to any single election, which would cause the total amount contributed by such pbrson to the candidate and the candidate's controlled committees, when combined, to exceed Two Hundred Dollars ($200.001). B. ACCEPTANCE OR SOLICITATION BY CANDIDATES OR CON- TROLLED COMMITTEES. No candidate or controlled committee shall solicit or accept any contribution from any person which would cause the total amount contributed by such person with respect to any single election, to the candidate and the candidate's controlled committees, when combined, to exceed the sum of Two Hundred Dollars. ($200.00). C. CONTRIBUTIONS BY CANDIDATES. The provisions of subsec- tions A and B shall not appiy to contributions from a candidate to his or i~er controlled committeefs) nor to the expenditure, by the candidate, of his or her personal funds. D. CONTRIBUTIONS TO COMMITTEES. Contributions made to any person or a committee, and not to a candidate or controlled committee, shall not be considered as contributions to the candidate or controlled comn~ee notwithstanding the fact that such person or committee supports the candidate or uses the contribution with a view to bringing about the nomin- ation or election of the candidate. E. ANONYMOUS CONTRIBUTIONS. No person shall make an anonymous contribution, or contributions., to a candidate, controlled com- mittee, committee or any other person. Except as other~vise provided by State law, in the event an anonymous contribution is made in violation of this section, the contribution shall be promptly paid to the City of Newport Beach for deposit into thc General Fund of the City, the monies to be used to defray thc costs of Municipal elections. (Ord. 87-48 ,{ i (part), 1988). 1.25.040 Campaign Statement. All candidates, committees, controlled committees, and persons shall fiie campaign statements in accordance with the provisions of thc Political Reform Act of 1974. as amended. In addition to the disclosure requirements imposed by State law, candidates, controlled committees and committees shall, on disclosure statements, file, pursuant to this section, and provide the following information: A. If the cumulative amount of the contributions received from an',, person is less than 550.00 the contr/butor's full name and street address s~,ai! be provided in the disclosure statement; 13. If the cumulative amount of the contributions received from any 14-3 (l~/ewpor! Beach 3-88) 1.25.050-1.25.063 GENERAL PROVISIONS person is in excess of $50.00 the campaign statement shall disclose the date and amount of each contribution made during the period covered by this statement and the contributor's full name. street address, occupation, the name of the contributor's employer, the date and amount of each contribu- tion made during the period covered by the campaign statement, and the cumulative amount of contributions. (Ord. 87-48 § 1 (part'). 1988). 1.25.050 Declaration in Lieu of Campaign Statement. A candidate need not file a campaign statement if such a statement would not be required under the provisions of the Political Reform Act of 1974, as amended. (Ord. 8748 § 1 (part), 1988). 1.25.060 I.~te Contribution. Any late contribution of 550.00 or more shall be reported by the filing, with the City Clerk within 48 hours of its receipt, the full name, street address, occupation, name of employer, if any, or the principal place of business if self employed, of the contributor. Filing of a report of late contributions may be by any written means of com- munication, including but not limited to, telegram or letter. Late contribu- tions shall be reported on subsequent campaign statements as required by the Political Reform Act of 1974. as amended and without regard to reports filed pursuant to tills section. (Ord. 8748 § 1 (part), 1988). 1.25.062 Penalties. A. Any person who knowingly and wilfully violates the provisions of Section 1.25.030 is guilty of a misdemeanor and mav be punished by a fine of Five Hundred Dollars ($500.00) or six months in'jail. or both. B. In addition to the penalties provided in subparagraph A if, after a candidate is elected, the candidate is convicted of a violation of the provi- sions of Section 1.25.030, tile election to office of such candidate shall be void and the office shall become'vacant as of the date of conviction or on the date upon which the candidate would otherwise take office whichever occurs inter. In such event, thc vncancy st~all be filled in accordance witl: ti~e provisions of 402 of tl~e C/ty Charter. If a candidate is convicted of a viola- tion of Section 1.25.030 at an>, time prior to the eiection of the candidate. the candidacy shall be terminated immediately and the candidate si~all no longer be eligible for election. (Ord. 87--48 § ! (part), 1988). 1.25.063 Severabiliry. If an>, provision of this crdinanc,e, or the applica- tion of such provision to any pe~on or circumstances, shah be held invalid. the remainder of ti,,is ordinance to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be. affected thereby, and to this end the provisions of th.is ordinance are severabie. (Ord. 87-48 § I (part), i988). (Newport Beach ~-88) ] ~ MUNICIPAL ELECTION CAMPAIGNS Chapter 2.86 .86.010 m 86.020 MUNICIPAL ELECTION CAMPAIGNS Sect io ns: 2.86.010 State law to govern. 2.86.02.0 Campaign contribution limitation. 2.86.010 State law to govern. Except as provided in Sec- tion 2.86.020, state law shall govern municipal election campaigns, campaign filings and the dates of said filings. (Ord. 956 § 2 (part), 1982). 2.86.020 Campaign contribution limitation. (a) No person shall solicit or accept any contribution, gift, payment, subscrip- tion, loan, forgiveness of loans, advance, deposit, pledge or promise of payment of money, or anything of material value other than personal professional or nonprofessional services rendered, performed or offered by an individual on a purely voluntary basis, in aid of the nomination or election of a candidate which will cause the total amount contributed by the cont~buting person with respect to a single election in support of such candidate to exceed five hundred dollars. "Person," for the purposes of this section, includes individuals, corporations, partnerships, foundations, political, religious or social or,niza- m:ions, committees, or associations. (Fountain Valley 10-86) § 18-8 PERSONNEL § 18-9 Sec. 18-8. Affirmative action--Discrimination prohibited. No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged or in any way favored or discriminated against because of political opinions or affiliations, or because of race, color, ancestry, na- tional origin, religious belief, sex or age. The personnel officer shall provide for the establishment of programs, including trainee progra~ designed to attract and utilize persons with minimal qualifications, but with potential for development, to provide career development opportunities a~ong members of such disad- vantaged groups as handicapped persons, returning veterans, women, or other minority group representatives as may be des- ignated by the personnel officer. Such programs may provide for regular appointment upon satisfactory completion of the training period and satisfactory completion of an open competitive exami- nation. (Ord. No. 556, § 1, 8~25-75.) Sec. 18-9. Improper political activity--Activities prohibited. No person holding an office or employment in the competitive service shall: (a) Directly, or indirectly, solicit political funds or contribu- tions, knowingly, from other officers or employees of the City of Cypress or from persons on the employment lists of the City of Cypress. Nothing in this section prohibits an officer or employee of the City of Cypress from communi- cating through the mail or by other means requests for political funds or contributions to a significant segment of the public which may include officers or employees of the City of Cypress; (b) Participate in political activities of any kind while in uniform; (c) Engage in political activities during the employee's nor- mai working h6urs, or the city/district's normal business hours; or (d) Engage in political activities on city premises (except in connection with political organizations that have received council approval to hold a meeting on city premises). 171 Supp. No. 9-83(No. 48) § 18-10 CYPRE88 CITY CODE § 18-11 Except as provided in this section and as necessary to meet the requirements of federal law as it pertains to a parti~ar em- ployee or employees, no restriction shall be placed on the political activities of any officer or employee of the City of Cypress. Viola- tion of any provision of this section is grounds for discharge of any officer or employee of the City of Cypress. (Ord. No. 556, § 1, 8-25-75; Ord. No. 710, § 1, 6-27-83.) Sec. 18-10. Same--Activities permitted. This chapter does not prevent any officer or employee from: (a) Becoming or continuing to be a member of a political club or organization; (b) Attendance at a political meeting; (c) Enjoying entire freedom from all interference 'in casting his vote; (d) Seeking or accepting election or appointment to a public office other than an-elective office in the city;, (e) seeking signatures to any initiative or referendum petition directly affecting h/s rates of pay, hours of work, retirement, civil service or other Working condi- tions; and (f) Distributing badges, pamphlets, dodgers or handbills or other participation in any campaign in connect/on with such petition, if the activity is not carried on during hours of work, or when he is dressed in the un/form required in any department of the city government. The violation of any provision of this section or the preced/ng sect/on is ground for discharge of any officer or employee. (Ord. No. 556, § l, 8-25-75.) Sec. 18-11. Same--Solidtation of contributions, etc. No officer, agent, clerk or employee under the government of the city, and no candidate for any city office shall, directly or indirectly, solidt or receive, or be in any .manner ~ 172 Supp. No. 9-83(No. 48) § 18-12 PERSONNEL § 18-22 concerned in solidting or receiving, any assessment, subscription, contribution or political purpose whatsoever from anyone on the emplo~.ent lists or holding any position under the provisions of this chapter. No officer or employee in the competitive service shall, directly or indirectly, solidt or receive, or be in any manner concerned in soliciting or rece/ving, any assessment, subscription or contribution, whether voluntary or involun- tary, for any purpose affecting his working conditions from any person other than an officer or employee in the competitive service. {Ord. No. 556, § 1, 8-25-75.) Secs. 18-12--18-21. Reserved. Sec. 18-22. Criminal activity; ineligibility for employ- ment. (a)-,Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facia disqualification of an applicant for employment by the City of Cypress; provided, however, that the personnel a/ricer may disregard such conviction if it is found and determined by such personnel officer that mitigating circumstances exist. In making such determination, the personnel officer shall consider the following factors: (1) The classification, including its sensitivity, to which the .person is applying or being certified and whether the classification is unrelated to the conviction; (2) The nature and seriousness of the offense; (3) The circumstances surrounding the conviction; (4) The length of time elapsed since the conviction; (5) The age of the person at the time of the conviction; (6) The presence or absence of rehabilitation or efforts at rehabilitation;. (7) Contributing social or environmental conditions. 173 Supp. No. 9-83('No. 48) 2.05.010--2.05.040 Chapter 2.05 · LIMITATIONS ON CAMPAIGN CONTRIBUTIONS AND REPORTING OF LATE CAMPAIGN CONTRIBUTIONS · Sections: 2.05.010 Definitions. 2.05.020 .Limitations on contributions--Individual. 2.05.030 Limitations on contributions--Independent committee (PAC). 2.05.040 Reporting of late contributions. 2.05.050 Calendar year. 2.05.060 Review of campaign statements. 2.05.070 Severance. 2.05.080 Penalty--Misdemeanor. 2.05.010 Definitions. Unless the context otherwise re- quires, the definitions set forth in Chapter-2 of Title 9 of the California GOvernment Code (Political Reform Act) shall govern the interpretation of 'this chapter. (Ord. 2507, 4 Nov 81) 2.05.020 Limitations on contributions--Individual. No contributor shall make contributions in support of any candi- dacy or to any controlled committee with respect to any elec- tion, and no candidate shall accept contributions including contributions to such candidates' controlled committees, from any individual, which contributions, in the aggregate, exceed $300. (Ord. 2818, 20 Mar 86; Ord. 2507, 11/81) 2.05.030 Limitations on contributions--Independent com- mittee (PAC). No independent committee (PAC) shall make any contributions in support of the election of any candidate or to any controlled committee with respect to any election, and no candidate shall accept contributions from an independent committee (PAC), which, in the aggregate, exceed $1,500. (Ord. 2818, 20 Mar 86; Ord. 2721, 10/84; Ord. 2507, 11/81) 2.05.040 Re~ortin~ of late contributions. Notwith- standing the limit contained in California Government Code sec- tion 32036, late expenditures or contributions in excess of $200 shall be reported to the city clerk within twenty-four (24) hours of the contribution or expenditure. (Ord. 2860, 17 Sep 86; Ord. 2507, 11/81) ll 2.05.050--2.05.080 2.05.050 Calendar ~;ear. Expenditures or contributions made within the period of twelve (12) months prior and subse- quent to any election are' considered to be made in support of a candidacy at such election. (Ord. 2507, 4 Nov 81) 2.05.060 Review of campaign statements. The city clerk shall receive and review each campaign contribution and expend- iture statement and report apparent violations of this chapter to the city attorney. (Ord. 2507, 4 Nov 81) .2..05.070 Severance. If any part of this chapter is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever, then such part shall be deemed severed from the remainder of the chapter and the remainder shall thereafter remain in full force and effect. Nothing in this chapter shall be deemed to place any limit upon any contribu- tion given or expenditure made by any candidate in support of his own election. (Ord. 2507, 4 Nov 81) 2.05.080 Penalty--Misdemeanor. It is unlawful for any person knowingly to violate any provision of this chapter. Any such person shall be guilty-of a misdemeanor and shall be sub- ject to a fine of not more than five hundred dollars ($500) or imprisonment in the county jail for a period not to exceed 180 days, or both such fine and imp--isonment. (Ord. 2507, 4 Nov 81) 12 2-4.101 MUNICIPAL ELECTIONS Article 1. CamPaign Contributions Sec. 2-4.101. Purpose and intent. It is the intent of the Council in enacting this article to place reasonable limits upon campaign contributions in municipal elections to assure that the amount of money contributed by any person does not materially influence the out- come of any election. The Council finds, in this regard, that municipal elections constitute municipal affairs and that the reasonable regula- tion thereof as set forth in this article is not prohibited by the general laws of the State. (§ 1, Ord. 341) Sec. 2-4.102. Person defined. For the purposes of this article, "person" shall mean an individual, proprietorship, firm, part- nership, joint venture, syndicate, business, trust, company, corporation, association, committee, or any other organization or group of persons acting in concert; provided, however, the provi- sions of this section shall not prohibit a campaign committee, acting merely as a conduit, from making, soliciting, or accepting contributions from or to other persons. (§ 2, Ord. 341) Sec. 2-4.103. Limitations (a)'No person shall make to, or solicit or accept from, any other person any contribution, gift, subscription, loan, advance, deposit, pledge, promise of money, or any other thing of value in excess of One Hundred and no/100tbs ($ 100.00) Dollars in the aid or support of the election or defeat of any single candidate in any single elec- tion for any municipal office. (b) No person shall make to, or solicit or accept from, any other person any contribution, gift, subscription, loan, advance, deposit, pledge, promise of money, or any other thing of value in excess of One Hundred and no/100tbs ($100.00) Dollars in the aid or support of the passage or defeat of any municipal ballot measure or propo- sition in any single election. (§ 2, Ord. 341) Sec. 2-4.104. Surplus anonymous contributions. Total anonymous contributions to any candi- date or measure to the extent that they exceed in the aggregate Two Hundred and no/100ths ($200.00) Dollars, with respect to a single elec- tion, shall not be used for the intended purpose but shall be placed in a sp~ecial fund of the City to be used for the purpose of defraying the costs of printing and handling candidates' statements or otherwise defraying the costs of municipal elec- tions. (§ 2, Ord. 341) 32